Federal-Aid Construction Contract Provisions Overview
This agreement outlines the procedures and responsibilities for material testing and construction inspection for Federal-Aid construction projects. It includes provisions for compliance with Department Instruction Memorandums, billing for testing services, and mandatory contract provisions related to non-discrimination, non-segregated facilities, Davis-Bacon Act provisions, and minimum wages for laborers and mechanics working on-site.
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Project Agreement for Federal-Aid 8. Construction c. The Recipient shall comply with the procedures and responsibilities for materials testing and construction inspection according to Department s Instruction Memorandums (I.M. s). The Department will bill the Recipient for testing services according to its normal policy.
FHWA - 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
FHWA - 1273 I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23. The contractor must insert this form in each subcontract.
FHWA - 1273 II. NONDISCRIMINATION In addition, the contractor and all subcontractors must comply with the following policies: Title VI of the Civil Rights Act of 1964
FHWA - 1273 III. NONSEGREGATED FACILITIES The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result.
FHWA - 1273 IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts
FHWA - 1273 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination
FHWA - 1273 3. Payrolls and basic records b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency.
FHWA - 1273 3. Payrolls and basic records (2) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
FHWA - 1273 3. Payrolls and basic records b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency.
FHWA - 1273 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor
FHWA - 1273 V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 3. Withholding for unpaid wages The FHWA or the contacting agency shall upon its own action withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages
FHWA - 1273 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency.
FHWA - 1273 VII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation
FHWA - 1273 VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law.
FHWA - 1273 To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal- aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:
FHWA - 1273 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
FHWA - 1273 Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
FHWA - 1273 Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both."
FHWA - 1273 X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more
